Bui v. United States of America, The

Background

Michael John Bui applied to proceed without paying filing fees. The court concluded that he qualified financially for that status. Before granting the application, however, the court was required to screen the action under 28 U.S.C. § 1915(e)(2)(B). That screening provision requires dismissal if an action is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief from an immune defendant.

Court’s analysis

The court applied the standard for deciding whether a complaint states a claim. It said factual allegations must be accepted as true and must contain enough facts to make the requested relief plausible, rather than merely speculative. Legal conclusions presented as factual allegations may be disregarded. The court also noted that complaints filed without a lawyer are read liberally but still must allege enough facts to support the claims.

The court described Bui’s pleading as “incomprehensible.” To the extent the attachments clarified his intended claims, they appeared to suggest that he believed he was entitled to additional unemployment benefits from the State of Minnesota. The court nevertheless found that the complaint did not identify the federal-law basis for the claims or provide plausible factual allegations showing that any named defendant violated the law.

Disposition

The court dismissed the matter without prejudice under 28 U.S.C. § 1915(e)(2)(B). It also denied Bui’s application to proceed without paying fees and directed that judgment be entered.